Hansa - Product list 2020

Services HANSA

Prices

5.1

The agreed price shall be the price in euros that is stated in the order confirmation, plus

value-added tax. The statutory value-added tax is not included in the price and shall be

stated separately in the invoice at the statutory rate which applies on the date of issue

of the invoice.

5.2

If, as an exception, the order confirmation does not contain any prices, the price list

applicable at the time the respective delivery is made shall apply.

5.3

If the period between the order confirmation and the delivery exceeds four months and

there is an increase in prices during this period of time, in particular, because of an

increase in wages or in the cost of raw materials, a general increase in prices due to

inflation, or similar circumstances, HANSA shall have the right to charge an appropri-

ately increased price. This shall also apply if, upon submission of the offer or upon order

confirmation by HANSA or upon HANSA entering into a framework agreement in which

the prices are firmly agreed, the prices of the raw materials used for the goods con-

cerned or other significant cost factors, such as energy, wage, transport or insurance

costs, increase significantly (i.e. by at least 10 %); in this case, HANSA shall have the right

to reasonably raise the prices to the extent that they are affected by this increase in costs.

HANSA shall carry out such price increases taking into account the customer’s legitimate

interests, in particular with regard to any commitments made by the latter to continue to

supply the goods at a particular price. Upon request, HANSA shall furnish the customer

with evidence of the factors leading to the increase in prices.

5.4

Unless specifically otherwise agreed, all prices are “ex works” (EXW, as defined by Inco-

terms® 2010), excluding packaging. In the event of a sale including shipment, as defined

in the second sentence of clause 3.1 above, the customer shall bear the transport costs

and, where applicable, the cost of the transport insurance requested by the customer.

5.5

In deviation from Sec. 195 German Civil Code, HANSA’s claims for payment of the pur-

chase price shall become time-barred after five years.

Electronic delivery of the invoices by e-mail

6.1

Invoices shall be sent by HANSA by post in principle. The electronic delivery of the

invoice by e-mail shall take place exclusively at the request and with the consent of

the customer.

6.2

If the customer requests that the invoice be sent electronically by e-mail, the customer

must ensure that the invoices sent by HANSA by e-mail can be delivered to the e-mail

address provided to HANSA by the customer and that technical equipment such as filter

programs and/or firewalls are adapted accordingly. Any automated electronic reply

letters to HANSA after the invoice has been sent by e-mail (e.g. absence notes, etc.) shall

not be considered and shall not prevent the invoice from being legally delivered.

6.3

The customer shall immediately notify HANSA in writing of any change in the e-mail

address to which the invoice is to be sent. If the customer does not notify HANSA of

a change in his e-mail address, the invoice sent to the last e-mail address notified to

HANSA shall be deemed to have been delivered.

6.4

HANSA shall not be liable for damages resulting from an increased risk of electronic

delivery of the invoice by e-mail compared to postal delivery. In particular, the customer

bears the increased risk of unauthorized third parties accessing and modifying the con-

tents of the invoice by sending the invoice electronically by e-mail.

6.5

The customer may revoke his acceptance of electronic invoicing by e-mail at any time.

The revocation of the acceptance does not affect the legality of the sending by e-mail

based on the acceptance up to the revocation. The revocation is to be addressed to:

customer-service@hansa.com

6.6

HANSA reserves the right to change the electronic delivery of invoices by e-mail to postal

invoicing for good reason.

Terms of payment

7.1

Unless otherwise agreed in writing, the purchase price plus the cost of packaging,

freight and insurance, where applicable, shall be payable without any deduction

and free of charge for HANSA within 30 days of the receipt of the invoice, by transfer

to a bank account of HANSA the details of which have been stated in the invoice.

The deduction of a discount for prompt payment must be agreed in writing.

7.2

Payments shall be made in the currency in which the price is stated in the invoice. If no

currency is stated in the invoice, the price must generally be paid in EUROS.

7.3

A payment shall be deemed made at the point in time when HANSA is able to dispose of

the amount. If HANSA accepts means of payment other than cash, payment shall again

be deemed made when the amount owed has been credited unconditionally to the

bank account of HANSA and/or when HANSA is able to dispose of such amount.

7.4

If the time allowed for payment is exceeded, HANSA may charge default interest at a rate

of 9 percentage points above the base rate of the European Central Bank; the customer

shall be free to prove that the interest loss actually suffered remains significantly below

this amount. The preceding provisions shall not affect HANSA’s right to claim compensa-

tion for any further damage suffered.

7.5

If the customer defaults on a payment, HANSA shall have the right to demand immedi-

ate payment of all claims arising from the business relationship which are due and not

subject to any defences, even if such claims are not yet due.

7.6

The customer shall have no right to set its claims off against claims of HANSA or to exer-

cise a right to retain with regard to its claims unless the customer’s claims are undis-

puted or have been established in a judgment that cannot be appealed against. Fur-

thermore, the customer may only exercise a right to retain if the customer’s claims and

the claims of HANSA are based on the same contract.

7.7

HANSA shall have the right to make the performance of outstanding deliveries or services

contingent upon the customer paying in advance, or upon the customer providing

security, if circumstances become known after the conclusion of the contract which could

significantly reduce the customer’s creditworthiness and which jeopardise the payment of

HANSA’s outstanding claims under the relevant contract by the customer. This shall apply

accordingly if the customer refuses to pay, or fails to pay, any outstanding claims of HANSA

and undisputed objections against HANSA’s claims or objections that have been estab-

lished in a judgment which cannot be appealed against do not exist.

Warranty

8.1

The customer’s rights arising from defects shall be contingent upon the customer per-

forming its statutory obligations to inspect and give notice of defects (Sections 377 and

381 German Commercial Code), in particular, upon the customer inspecting all goods

supplied without undue delay upon receipt and giving HANSA without undue delay

written notice of any obvious defects and of defects that could be identified during

such inspection. The customer must provide HANSA with written notice of any hidden

defects without undue delay after such defects have been discovered. In order for such

notice to be deemed given without undue delay within the meaning of the first sen-

tence above, it must be given within 8 working days; this deadline is met if HANSA

receives the notice before the expiry of the aforesaid period. If the customer fails to carry

out a proper inspection and/or to give notice of defects, HANSA shall not be liable for

the defect. When giving HANSA notice of defects, the customer must provide a written

description of the defects.

8.2

If a notification of defects is unjustified, HANSA may demand to be compensated by

the customer for the expenses incurred, unless the customer proves that the unjusti-

fied notification of defects was not due to wilful misconduct or negligence on the part

of the customer.

8.3

If the goods contain defects, HANSA may remedy the defects or, at its option, deliver

goods which are free from defects.

8.4

If the goods are not at the place of delivery, the customer shall bear all additional costs

and expenses which HANSA incurs as a result of this fact when remedying defects unless

the goods were relocated in accordance with their agreed use.

8.5

Rights arising from defects shall not exist

− in the event of an insignificant deviation from the agreed quality or an insignificant

impairment of usability (including, without limitation, deviations in structure and

colour from the sample or from catalogue illustrations and/or deviations from previ-

ous deliveries to the extent that such deviations are due to the nature of the materials

used and are customary in trade);

− in the event of natural wear and tear (typical wearing parts being, in particular, the

products offered by HANSA as replacement parts; upon request, HANSA will provide

the customer with a list of replacement parts);

− in the event of defects resulting from improper handling (for example, other than as

described in the operating manual), improper storage or maintenance, or excessive

strain or use after the risk has passed;

− in the event of defects resulting from force majeure, from extraordinary external

impacts that are not intended according to the contract, or from the goods being used

in a manner which does not correspond to their contractually intended or customary

use.

8.6

Furthermore, rights arising from defects in quality shall not exist

− if the goods supplied are altered by a third party, or through the installation of parts

from another manufacturer, unless the alteration did not cause the defect or the third

party was expressly instructed by HANSA;

− if the customer had the defect removed by technically inexperienced third parties.

8.7

HANSA does not accept liability for defects which arise as a result of the customer insist-

ing on a manner of processing or a selection of materials that deviates from HANSA’s

specifications.

8.8

Warranty claims may be asserted by the customer only. The customer shall have no right

to assign its warranty claims against HANSA unless HANSA has expressly approved such

assignment in writing.

8.9

The provisions of this clause 8 shall apply accordingly to defects in title which do not

consist in an infringement of third-party intellectual property rights.

Other liability

9.1

HANSA’s contractual liability for damages as part of its warranty obligations shall, in any

case, be conditional upon fault (wilful misconduct or negligence), even if no-fault liabil-

ity is provided for by law (in particular, by the United Nations Convention on Contracts

for the International Sale of Goods (CISG) within the context of international business

transactions). This shall not affect the mandatory statutory liability for product defects (in

particular, under the German Product Liability Act).

9.2

HANSA shall be liable without limitation – on whatever legal grounds – in the event

of a breach of guarantee or death, bodily injury or damage to health. The same shall

apply to wilful misconduct and gross negligence, mandatory statutory liability for prod-

uct defects (in particular, under the German Product Liability Act), and liability if defects

were concealed with fraudulent intent.

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